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Improvement plan.
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76.—(1) Where an inspector is of the opinion that an activity being or likely to be carried on by or under the control or on behalf of—
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(a) a railway undertaking and the activity involves, or is likely to involve, a risk to the safety of persons, or
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(b) any other person on or near a railway and where the activity poses, or is likely to pose, a danger to the safety of persons involved in the operation of the railway or being carried on the railway,
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the inspector may give a direction in writing to that railway undertaking or person requiring the submission to the inspector, within a time specified in the direction of a plan (“improvement plan”) specifying the remedial action proposed to be taken to rectify the matters set down in the direction.
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(2) Where an improvement plan is submitted in accordance with subsection (1) or re-submitted under paragraph (b), an inspector shall, within 30 days, write to the railway undertaking or person concerned—
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(a) stating that he or she is satisfied with the remedial action proposed to be taken, or
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(b) if he or she is not satisfied that the plan is adequate, directing that the plan be revised and re-submitted to him or her within a time specified in the direction.
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(3) An inspector may withdraw a direction under this section at any time before a date specified therein or may extend and further extend such date.
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